in nys can an employer withhold an employess pay until uniforms are returned

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in nys can an employer withhold an employess pay until uniforms are returned

an employee was terminated and has a few company shirts. can an employer withhold their last paycheck until shirts are returned?

Asked on July 26, 2017 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer cannot withold earned wages; they must be paid when due. Further, while an employee can be charged for their uniform (here, a work shirt), no deductions can be made from their wages (at least without the employee's written permission). If a business wants to get its uniform back or be paid the money that the uniform cost, it ust can sue the worker in small claims court.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employer cannot withold earned wages; they must be paid when due. Further, while an employee can be charged for their uniform (here, a work shirt), no deductions can be made from their wages (at least without the employee's written permission). If a business wants to get its uniform back or be paid the money that the uniform cost, it ust can sue the worker in small claims court.


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